Dear Sir or Madam,
I had come to the USA by J1 visa and I am subject to section 212E, which means I have to live 2 years at home country after finishing the program. I had finished my Masters program and I could not return home country due to seizing my city by ISIL. Currently, I have a pending asylum application at USCIS, and I am a PhD student. My question is: If my case is denied, do you think there is any possibility to get F1 visa to continue my study?
Zero. Once you file for asylum in the United States you were PERMITTED to remain in the U.S. pending the decision of your asylum case, yet by staying beyond your visa duration you rendered as lapsed out of status, although permitted to remain for the duration of that asylum claim.
Thus, by operation of law once your asylum is denied or referred to the US Immigration court for removal (if it is at the AO stage), you will not be able to COS to any visa including F-1.
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Once your asylum case is denied, you will not be able to change to any other type of visa. In addition, since you are subject to 212e, you cannot change to another status inside the country unless you obtain a waiver.
You will have a hard time and for a long time of getting any type of a nonimmigrant visa to the USA once your asylum is denied or even while it is pending. Obviously if it is granted, you will be on the path to residency and would be able to care less. There are many reasons for that. Just to mention a few - you showed immigrant intent and that one will be remembered for a while. Also, you are subject to INA 212E which you can only fulfill in your country of residence. Without doing so you would not be eligible for any change of status request to any nonimmigrant status including the F. You could only get the F on a visa application at the consulate where you will run into INA 214b issue even if you are doing the application in a US consulate in a third country.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
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